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(영문) 서울고등법원 2017.04.14 2016나2073000

부당이득금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

A. The Plaintiff is a housing reconstruction and improvement project partnership under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, which obtained an authorization for establishment from the Gunsan City Mayor on December 27, 201, with the status of the parties as a project implementation district of the Gunsan City 835 and one parcel, and the Defendant is a company which, as seen below, selected as the designer of the above improvement project at the Plaintiff’s inaugural general meeting, entered into an architectural design and maintenance

B. (1) On November 4, 2005, the Committee for Promotion of the Establishment of the Korea Venture City Housing Reconstruction Project (hereinafter “Plaintiff Promotion Committee”) concluded a design service contract with the Defendant on December 9, 2005 after announcing the announcement of the rearrangement project management business entities and design offices to implement the housing reconstruction project. The Defendant performed the work of preparing the project implementation plan for the designation of the rearrangement zone.

(2) On November 14, 2008, the Gunsan City was designated and announced as a rearrangement zone. On January 15, 2009, the Plaintiff Promotion Committee was approved.

(3) After that, on May 9, 2011 and June 2, 2011, the Plaintiff’s promotion committee announced that it would select a designer by means of limited competitive bidding, but all failed. The Plaintiff’s promotion committee selected the Defendant as a person eligible for a negotiated contract through its resolution, and then, on August 26, 2011, decided to hold an inaugural general meeting to select the Defendant as a designer and to delegate the conclusion of the contract with the Defendant to the promotion committee (or the representatives’ meeting).

C. On October 30, 2014, the Plaintiff entered into a contract with the Defendant on October 30, 2014 (hereinafter referred to as “the first contract”) with the terms as follows:

AB concluded the agreement.

Contract

1. Title of contract: A project to upgrade the housing of the housing of the Korea Development Bank for the Korea Development Bank;

2. Location of housing site: 835 and one parcel, respectively; and